New Delhi: The Supreme Court has said that the core of offence under section 498A of IPC lies in act of cruelty and not demand of dowry and an unlawful demand for dowry is not a prerequisite element to constitute cruelty under the said law.
A bench comprising Justice Vikram Nath and Justice Prasanna B Varale said this while hearing an appeal by a woman against an order of the Andhra Pradesh High Court quashing the proceedings against her husband and mother-in-law for offences under section 498A of IPC.
High Court quashed proceedings against husband, mother-in-law of appellant woman
The High Court quashed the proceedings against the husband and mother-in-law of the appellant woman on their submissions that the explanation appended to section 498A IPC requires that there must be a demand for dowry to constitute “cruelty” under the said section.
The apex court, while setting aside the High Court order and reinstating the criminal proceedings against the two under Section 498A IPC, said that the core of the offence under section 498A of IPC lies in the act of cruelty and does not purely revolve around the demand for dowry.
Section 498 A of IPC provides a broad and inclusive definition of cruelty: Apex Court
The bench said that section 498 A of IPC provides a broad and inclusive definition of “cruelty,” encompassing both physical and mental harm to the woman’s body or health and in addition, it covers acts of harassment designed to coerce the woman or her family into fulfilling unlawful demands for property or valuable security, including demands related to dowry and the provision also recognizes acts that create circumstances leading a woman to the point of suicide as a form of cruelty.
An unlawful demand for dowry not a prerequisite element to constitute cruelty: Apex Court
“An unlawful demand for dowry is not a prerequisite element to constitute “cruelty” under section 498A IPC. It suffices that the conduct falls within either of the two broad categories outlined in clauses (a) or (b) of the provision, namely, wilful conduct likely to cause grave injury or mental harm (clause a), or harassment intended to coerce the woman or her family to meet any unlawful demand (clause b). Therefore, either form of cruelty, independent of a dowry demand, is sufficient to attract the provisions of section 498A IPC and make the offence punishable under the law,” the apex court said in an order passed on December 12 last year.
Apex court set aside High Court order
The apex court further said that the High Court’s decision to quash the proceedings appears to have been primarily influenced by the lack of a dowry-related demand in the case, without addressing the broader implications of the allegations of physical abuse, which can fall within the scope of “cruelty” as contemplated by the provision.
“This appeal is allowed, and the decision of the High Court is set aside, thereby reinstating the criminal proceedings against the Respondents under Section 498A IPC. Trial is directed to proceed as per law,” the bench said while allowing the appeal of the appellant woman.
